Regulation NAC-DGERCGC20-00000054 issued by the General Director of the Internal Revenue Service on September 4, 2020 regulates the advance payment of income tax for the year 2020, ordered by Executive Decree 1137 of September 2, 2020.
The regulation confirms the content of Executive Decree 1137 y adds the following:
1. Amount of the advance payment:
In order to calculate the advance payment, the following formula must be applied:
IR = (85% of UC * 25%) – RFIR20
IR = Advance income tax.
UC = The profit derived from the result of operations carried out from January 1 to July 31, 2020, in accordance with the financial statements and accounting and financial regulations. In order to calculate the profit, the employees profit sharing must not be deducted.
RFIR20 = Income tax withholdings made to the taxpayer from January 1 to July 31, 2020, that the taxpayer is able to use as tax credit.
In order to calculate the advance payment, the taxpayer must issue the financial statements as of the closing of July 31, 2020.
2. Settlement the advance payment:
The settlement of the advance payment will be made through the Income Tax Advance Payment Form (form 115).
Taxpayers whose 2019 taxable income was higher than US$5,000,000.00, must file the return until September 11, 2020, even if: (i) the taxpayer does not generate an amount to be paid; or, (ii) if the taxpayer income in 2020 is considered exempt for income tax purposes.
If the taxpayer files the return once the term has expired, it would be required to pay a fine equal to 3% for each month or fraction of a month of delay. The fine will be calculated over the total of the advance tax or, over its profit if an advance payment is not generated.
The advance tax must be paid until September 11, 2020 through debit from the taxpayer bank account. If the payment is not made until this date, the taxpayer will be required to pay interests.
3. Tax credit:
The advance income tax will be regarded as tax credit for the payment of 2020 income tax.
If the value of the advance payment is higher than the income tax generated, the taxpayer may request the reimbursement or may use the excess as credit tax for the payment of income tax for the three following fiscal years.
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